Good Evening, all of you.
I must compliment you all for enormous patience because it has been a very long session. You have been feasted with the finest of addresses emanating from people who know the subject and know it too well.
वोकहतेहैना,इतनेहिस्सोंमेंबंटगयामैं,मेरेहिस्सेमेंकुछबचाहीनहीं।
Shri Arjun Ram Meghwal, don't be mistaken by his dress, he is a former bureaucrat and has been a very successful district magistrate.
Hon’ble Minister for law Justice,let me tell you something very significant about him. An epochal event, a game changer constitutional Provision,women reservation, he was the Minister in charge. On 20thSeptember 2023, he introduced the amendment in Lok Sabha. I was in the Chair in Rajya Sabha on 21st September and he was there. Congratulations to him! Because for good three decades, number of efforts made, but they could not fructify into a ground reality. He has managed it.
Justice Arun Kumar Mishra! I am beholden to Justice Indira Banerjee for giving introduction of justice Mishra. I have faced justice Mishra as a Judge of Madhya Pradesh High Court, as Chief Justice of Rajasthan High court and in the Supreme Court. And my last appearance when I was appointed, and I say appointed because I was going to the State of West Bengal and my Chief Minister insisted every time I was nominated, so I use the word appointed. I appeared in his court. A man of his spinal strength has elevated Human Rights Commission to a very high level. A team leader and has given those dimensions to human rights that do justice to Bharat, home to one sixth of humanity.
Justice Indira Banerjee! Ma’am gave a very, very exhaustive analysis of constitutional working. She focused on quotes of Tagore. I too have a connection with Bengal. I greeted Ma’am by saying Nomaskar and we were all enlightened on some of the facets that really needed enlightenment.
Shri Tushar Mehta and Justice Arun Mishra made my task very difficult at home. They both have called me jurist. My wife doesn't agree and normally she's right. But then I have fallen in her trap by telling her that the jurist are not good lawyers. So she may rejoice in some sense these observations.
I have known Shri Tushar Mehta for a very long time. I'm older man compare to him. I appreciated him at a time about 16 years ago, when he did not know me and I knew him. I knew him out of his contribution to the court in Delhi high Court. We will have to examine his DNA, where does he get all the energy to be so thoroughly prepared for all the cases. I admire his level of preparation and more than that, wit and humour.
I am no longer a senior advocate, if I were one, I would have tried my talent to provoke you someday, is beyond provocation.
Dr.Niten Chandra, Secretary Department of legal affairs! Whenever I read this description, I reminded of my career when I was elected to Lok Sabha in 1989 and became a Minister for Parliamentary Affairs. A Journalist from India today asked me and I responded, not even my postgraduate wife is aware about what is meant by Parliamentary Affairs. So he handles legal affairs. Somebody will find from him, what are the contents of legal affairs?
Distinguished audience, but I must recognize the presence of Attorney General of India, Shri R. Venkataramani Ji. A man of sublimity, deeply religious, keeps his decibel low but reveals great substance. I have been in Court on the other side also. He never loses temper and continues to be a married man.
Congratulations to Brothers and Sisters all over the globe on this Constitution Day! This is a befitting occasion to remember with a sense of gratitude and reverence our founding fathers who sagaciously gave us unique constitution that is spine of our democracy. I wouldn't reflect much, much has been said by the Hon’ble Minister and earlier speakers.
Let us in togetherness, reaffirm this day, our allegiance to the constitutional core values and friends, this is a serious statement. Some of us are getting out of line on this.
Over the years, Constitution has been a beacon of hope and freedom and except, and that was a darkest period, a period we would like to forget.Young students, boys and girls may not be aware of it, and that was proclamation of emergency by the then Prime Minister, Indira Gandhi in June 1975, the darkest period in post independent history of democratic India.
Imposition of Emergency was outrageous trampling of constitutional essence and spirit. It was no less than sacrilege of the constitution. A document so dear, now to 1.4 billion people.
1975मेंतत्कालीनप्रधानमंत्रीद्वाराआपातकाललागूकरनासंविधानकाबहुतबड़ाअपमानथा।आपातकालकालगनासंविधानकीआत्मापरकुठाराघातथा।
Fortunately, for us, our democratic values are so strengthened and so deep rooted and embedded, such misadventures cannot even be thought of in present times.
The Hon’ble Minister had indicated that it was in 2015 that the idea occurred to the Hon’ble Prime Minister to have 26th Novemberas a Constitution Day. Exactly it was on 11th October 2015,because the notification of the Hon’ble Minister is too sure about, was on the date you indicated on 19thof November but the declaration was made by the Hon’ble Prime Minister in Mumbai on October 15, 2015. And the occasion was, he was laying the foundation stone of Dr. BR AmbedkarStatue of Equality Memorial in Mumbai.
Let me friends, reflect, such a great son of the soil. We admire him so much. Architect of India's constitution but it was a proud moment for me as a member of Parliament in 1989 to 91 and as a Union Minister, that the Bharat Ratna was conferred on him during our regime. It was a matter of great satisfaction but we all must reflect deeply. Why there was delay of so many decades?I leave it at that.
About framing of our Constitution, Hon’ble Minister has indicated about the role played by the committee's.Let me indicate two aspects for my young friends, boys and girls. Others are aware of it.
Article 370 was the only article of Indian constitution that was not drafted by the Drafting Committee. All other articles were drafted and Dr.Ambedkar declined to draft it. I would urge you to go through his communication on the point and look at how this article 370, a temporary Article of the Constitution made the life of people of Jammu and Kashmir hell.We are beholden to the wisdom of the Hon’ble Prime Minister, Shri Narendra Modi and sagacious approach of the Hon’ble Union Home Minister,Shri Amit Shah that article is no longer in our Constitution.
In a sense, it is a tribute to Dr.Ambedkar that what he did not approve of, has been honoured by the Indian Parliament with the vision of the Prime Minister.
Second,my very dear friend Shri Tushar Mehta ji has made reference about SardarVallabhbhai Patel ji that he played a critical role in integration of princely states.Sardarplayed a very critical role. Three options were available to the princely states, but Sardar again was kept away from dealing with the State of Jammu and Kashmir.
Sardar’s success was 100%.History of this country would have been very different if Sardar had also been entrustedwith the task of integration of state of Jammu and Kashmir. A nation has paid great price for it.The nation has paid great price for it. Thankfully, we are back on the rails.
Friends, Constitution Day is a befitting occasion for us to reflect how our constitutional organs are performed. What is the state of the nation? It has been indicated by the Secretary in particular the growth trajectory of this country. It is soothing to note that our growth trajectory is incremental for last about a decade, and we'll continue to do so, is a matter of satisfaction.
Growth is impacting every walk of life and every segment of society. India's growth has been appreciated for one single reason. It is not pyramidal, it is plateau kind of development, which means everyone is getting benefit of it. If your metro Delhi has 5G connectivity, my village also have it. That is a great achievement.
Friends just a decade ago… and worrisomely we were part of fragile five economies in the world. It was a cause of deep concern to everyone. And just in a decade we have traversed to that level that we are the 5th largest global economy. By 2030, as already indicated here, we’ll be the third largest global economy. But what is more significant for youngsters, for boys and girls, in the process, we have overtaken the economies of UK & France. What an achievement for us!
I had the good fortune to be associated and to know the point of viewof global leaders when we had G20, one of the most impeccable programmes the world has ever seen. There were no fault-lines. World Bank and IMF, two global premier financial institutions which earlier had been indicating how difficult we are in economy. I was a Union Minister in 1990, when our gold in physical form had to be taken to Switzerland to sustain our financial credibility. Our foreign exchange was then between 1 billion and 2 billion, now it is over 600 billion USD.
So what they say about, they hailed India’s phenomenal rise, unprecedented growth and financial inclusion. International Monetary Fund reckons India as a bright global spot of investment and opportunity, and according to the World Bank our digitisation model is worth emulation by other countries. Details have already been given, I’ll not bother you.
Friends, look at our current contemporary scenario. Unprecedented intense infrastructural growth; deep penetration of technology; digitisation; continual formalisation of economy; transparent and accountable governance; zero accommodation for corruption, these are facets and new norms of governance and the benefit is coming to the young boys and girls. They will get level playing field.
India's phenomenal rise, be it sea, land, sky or space, is a matter of global recognition. Declaration of August 23 as National Space Day commemorating Chandrayan-3’s successful landing on the moon, at that part of South Pole we are the first country in the world to do so. We are in big league that has been accomplished by scientist.
A country that had lost hope. We were not optimistic, the mood is transformed by series of initiatives and governance policies. And there is optimism and buoyancy all over as benefits of development are impacting those in the last strata. As a consequence of series of governance initiatives and steps, details have already been given by previous speakers. We have an ecosystem where everyone is enabled to use his or her talent and potential to realise aims and dreams. This is an ecosystem which will help boys and girls to attain heights as per your aptitude and inclination. The sky is the limit for you. We are in AmritKaal and I can say for every consideration our AmritKaal is our Gaurav Kaal.
India is making most by getting involved with disruptive technologies. There is no escape from it. There was a time when we could not think of being in the frontline countries focusing on it. Now, we are. We are part of less than double digit countries who are focusing on large scale cloud adoption.
Just imagine a country like ours has taken a global lead in the National Quantum Mission. Six thousand cores have already been allocated for it. Green Hydrogen Mission, 19 thousand cores have been allocated for it.By 2030 Green Hydrogen Mission has the potential to attract 6 lakh crore investments and generate 8 lakh employment.
We are now futuristic in our approach because we are that part of the world now, where the world looks at us. We are setter of agenda, no longer part of agenda. Voice of the Indian Prime Minister was never heard so loudly by the world as now. Respect for our passport was never that high as now.
Friends, we liked it or not - disruptive technologies, we will have to live with it, they are our bedfellows. So we will have to extract that positivity. The good part is that our country is amongst very few countries in the world who are addressing the issue with positivity and that will be greatly helpful in getting our slot as was indicated by the Hon’ble Minister when we attend Centenary of our independence in 2047. Visionary leadership of the Prime Minister, Narendra Modi has elevated our global status and reputation and this I could feel in G20. Every world leader was so stunned and impressed and why not? G20 footfall was in every State of the country, in every Union Territory, around 60 locations and 200 interactions.
They came to see India and the entire India. Central government and the State Governments contributed wholesomely. There were no fault lines. It was amazing event but look at the achievements! India's rise in global comity of nations, is very high because we could secure in G20 inclusion of African Union. European Union was already part of it. We could impact the world; India emerged as a leader, to voice the voice of global south. We could create a great opportunity in commerce and economy by having that corridor connecting Bharat- Middle East and Europe. That was there in ages ago in existence. That's what we have done. Our country has taken lead in biofuels. As a matter of fact, we are giving so much to the world subscribing to our concept ‘VasudhaivaKutumbakam’. This has been realised
What Dr.Ambedkar said on this, Dr. B.R Ambedkar captured the essence of this when he reflected: “I measure the progress of a community with the degree of progress women have achieved”.
I had the satisfaction because of the seven awardees whom I congratulate, four were girls. This constitutionally sanctified reservation to the extent of 1/3 for women in Parliament and the State Legislatures, is not the upper limit, it is a lower limit. It will always be higher because they are duly entitled to contest from others seats as well.
Friends, affirmative executive governance, marked with unprecedented impactful results has ensured that the rise of the nation is unstoppable. But I still find some of us, though number is very small, their digestive system is very bad for our growth. I will call upon doctors to find some way out. Every time there is something great happening in the country,they engage in tainting, tarnishing, demeaning our institutions. It is duty of every Indian to believe in Bharat. We have no option, the only option is we must always keep our nation first. We must play politics. I'm not a stakeholder in politics, I'm a stakeholder in governance. But when it comes to governance or the government or the nation, keep politics out of it. But some people find it very difficult. A public opinion can really change the course of events.
Friends, our robust judicial system is globally recognisedfor its independence and productivity. Leveraging technology, the Supreme Court has recently rendered judicial system people centric by rolling out several systemic initiatives to improve transparency, efficiency and access to justice. Many steps have been taken. Chief Justice, Chandrachudji emphasised "Courts need to remodel themselves to reach out to people instead of people reaching out,"
A big changes coming in judicial administration. The E-Committee of the Supreme Court has spearheaded transformative initiatives and they are changing the lives for the better of litigants. The litigants are now enabled to get what they are looking for decades. And fortunately, the sweeping action of this Committee is pressed not only to Supreme Court but also to High Court and Courts below. Digitization has been employed by the Supreme Court to make the justice system litigant friendly and people centric. These steps that have been taken, proactive steps, particularly in last one year, they have generated more efficient, transparent mechanism and people have greater access to it with confidence. They no longer have to rely on secondary material. What the Prime Minister had indicated a few months back, this is securing ease of justice.
Much has been said about evolution of our Constitution. We must remember it was evolved by the Constituent Assembly. We have judges, former Judges on the dais. When the constitution was evolved by the constituent assembly, the message was loud and clear -it is in the exclusive domain of Parliament. Parliament alone is architect of the Constitution to the exclusion of another agency be it executive or judiciary.To put it in layman's language, Parliament can’t script a judgment of the Supreme Court and similarly, Supreme Court can’t script law for us. That's our domain.
Parliament is reflective of the will of the people. People who sit in Parliament are there because through a legitimise mechanism on a proper platformthe people have expressed their mandate and therefore Parliament is the soul of democracy, authentically reflecting the mood of the people and their opinions. The supremacy of parliament as the sole architect of the Constitution is unquestionable. It is not amenable in its task of intervention either from the executive or the judiciary.
Sovereignty of Parliament is synonymous with sovereignty of the nation and the same is impregnable. Why do I say so? The executive of the day survives only if it has strength in the Parliament. I don’t want to be loud mouth but the other institution also survives only when it is sanctified by the Parliament. Therefore, such a body, the foundation of which is the mandate of the people, cannot allow any incursion in its domain that will be disturbing the delicate apple card of governance in democracy. Friends, any incursion in the exclusive domain of Parliament will be constitutional aberration, apart from being antithetical to democratic essence and values.
Democracy is optimally nurtured when state organs like the Executives, the Judiciary and the Legislature work in harmony, tandem and togetherness. There is well defined constitutional domain for the Executive, the Judiciary and the Legislature. It is constitutional mandate that all these organs of the State function in their respective domain.
The abrogation of authority of one organ or the other was beyond the contemplation of framers of the Constitution. If you look into the reflection of Dr. B. R. Ambedkar, he never adverted to this aspect. It was beyond his contemplation that there could ever be a system or mechanism of incursion into the sovereign domain of Parliament, a situation we need to iron out.
Time to preserve, sustain and blossom constitutional essence rather than subject it to sacrilege by transgressions by one in the domain of the other.
To ensure continual growth of Bharat - home to one sixth of humanity, it is imperative that the Executive, the Judiciary and the Legislature generate collaborative discourse rather than the confrontational perception.
Governance is dynamic, given the emergence of challenges and technological onslaughts. There are bound to be differences, there are bound to be issues. Issues have to be ironed out. In a country like ours which has to show path to the entire world, there must be convergence of attitude amongst these three institutions in particular.
If there are differences which are bound to be there, such differences and resolution thereof must take place by taking recourse to sublime statesmanship. Public posturing or generating perception as a strategy to deal with such differences is best avoided.
I can assure you that I am a foot soldier of judiciary. I am from legal profession. Judicial independence, like to millions of people in the country, is very dear to me. We want spinally strong Judiciary and I can say without the fear of contradiction that our Judiciary is one of the best in the world.
I have appreciated the innovative steps that have been taken. The independence of Judiciary is unquestioned but time has come that we must have a mechanism of structured interaction amongst those who are at the helm of the affairs of such Institutions, so that issues don't come in public domain.
I am happy to note that people in command of these institutions are statesmen.They are farsighted, be the Prime Minister of the country, the President of the Nation or the Chief Justice of India. We couldn't be more fortunate than having these illustrious people heading these institutions and therefore, any aberration coming in public domain by observation or otherwise will not be soothing to our ears, which means soothing to the ears of people at large.
I’m working in my own way in my capacity to generate such a system because none of the people in the institutions can be complainants, they can't be complainants, and they have to bring about resolution of the complainant at large. I am sure good times are ahead.
On this momentous day, I would make reference to the sage reflection of Dr B R Ambedkar: “The objective of the Constitution is not only limited to creation of three organs of the Union but also to define the limits of their powers. And it is also essential because if the limits are not defined the institutions will become autocratic and start exploitation. Therefore, the legislature should be free to enact any law, the executive should be free to take any decision and the Supreme Court should be free to interpret the laws.”
Constitutional provisions providing for interpretation of law or Constitution to the Supreme Court, is a small slit. It cannot be the floodgate. We have to be extremely wary about it and I am sure people around, with the kind of talent they have, with the kind of spirit of nationalism they are filled with, these issues will be thrashed out and we will be in a situation to have our institutions functioning in harmony and togetherness in tandem to achieve our Bharat rise to the highest level.
Lest I be accused, Ihave a reflection on Parliamentarians also, the legislature. The Honourable Minister is here! The Honourable Minister wear another hat also and that is a Minister of Parliamentary Affairs. Through him I appeal to Parliamentarians all over the country. Members of Parliament and State legislature need to weaponize debate, dialogue, discussion and deliberation and certainly not disturbance and disruptionas a political strategy.
Right now we have the reverse of it. Disruption and disturbance have been weaponized as a political strategy to make proceedings of the house dysfunctional. But I appeal to the people at large, particularly boys and girls, you are the greatest stakeholders in governance.
Some of us may not be around when India celebrates centenary of its independence in 2047, but you will be there. You are warriors of 2047 Bharat.Burden lies on your shoulders. You have enough capacity and potential. Given the kind of social media, we have these days to generate a public opinion, it is no soothing to the eyes that Parliamentarians in Parliament do not do the job expected of Parliamentarians by people like Dr. BR Ambedkar. We need a change of mindset and ecosystem. I leave it at that.
Friends, let us resolve on this day to keep nation always first. We must be proud Indians, we must take pride in our historic achievements. I can legitimately thank you all for your great patience. I mean it.
Thank You. Jai Bharat!
